Proper service of notice 125 and calculation of maitenance

Sundram N (Querist) 12 October 2012 This query is : Resolved

Dear Senior and freinds,

kindly suggest that wife filed case of 498a and 125. AB of 498a is under hearing otherside notice of hearing isuued to native place and no any one of family members received saying that main accused is not residing here in back 10 years he & wife is residing out of the state.

family court will assume the proper service of notice and take proceed further ?

what will be next procedure by the family court ?

Personal loan from bank as taken by husband at the time of staying with wife can be considred as liability by family court ?

Housing loan of EMI can be taken in consideration ?

PF and tax deduction can be considered ?

after deducting all ( personal and housing loan EMI and pF and Tax) net cash is 22000/- pm is in the hand of husband. his parent is old age. he has two children with wife.

please suggest about the notice and maitenance amount pm can be granted by family court. actually father in law has played the role only for extracting money pm as pension in his house through his daughter. how can maitenance amount be saved please advice.

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ajay sethi (Expert) 12 October 2012
hosuing loan EMI would be taken into account by court . your total income in hand after deductions would be considered .

only if your wife is working would you not be liable to pay maintenance . you have not mentioned what is your wife salary?
whether she is working or not?

Sundram N (Querist) 12 October 2012
Dear Sir,

She was working in PVt firm @ 9000 pm and other income was also as she was engaged in printing of clothes and house made food items as the such income was also disclosed in her return of income tax but she left the home and went to parent home in veiw of taking hudge money from me so that her parent will take pm from me. two children are also with her.